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Patna High Court

Shahnawaj @ Bholu @ Shahnabaj Alam AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Shahnawaj and Raushani Khatoon, sought anticipatory bail fearing arrest in a case (PS No. 348 of 2025) alleging assault on an informant's son with an iron rod and a dabia. The prosecution alleged offences under Sections 126(2), 115(2), 119(1), 109, 303(2) and 3(5) of the B.N.S. The petitioners contended that the injury report showed only abrasions and lacerations, not supporting the FIR's serious allegations, and highlighted a counter‑version filed by a co‑accused’s brother, their lack of criminal antecedent, and neighbourly relations. The State opposed the bail. After hearing both sides, the Court noted the discrepancy between the alleged injuries and the medical report and the petitioners' clean record, and consequently granted anticipatory bail under Section 482(2) of the B.N.S.S., subject to a bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged assault offences.
  • Whether the nature of the injuries, as per the medical report, undermines the allegations in the FIR.
  • Whether the petitioners' lack of prior criminal record and the existence of a counter‑version affect the bail decision.

Legislation cited

  • B.N.S. — s. 109, 115(2), 119(1), 126(2), 303(2), 3(5)
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • assault
  • injury report
  • criminal antecedent
  • Section 482
  • Bihar criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2991 of 2026
                 Arising Out of PS. Case No.-348 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
           1.     Shahnawaj @ Bholu @ Shahnabaj Alam Ansari S/O Md Alam Ansari
                  Resident of Mohalla- Khodanagar, P.S- Chhatauni, District- East
                  Champaran.
           2.     Raushani Khatoon W/O Mokhtar Ansari @ Bachau Resident of Mohalla-
                  Khodanagar, P.S- Chhatauni, District- East Champaran.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Adv.
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioners and

                   learned APP for the State.

                                  2. The petitioners are apprehending their arrest in

                   connection with Chhatauni P.S. Case No. 348 of 2025 dated

                   13.06.2025 registered for the offence punishable under Sections

                   126(2), 115(2), 119(1), 109, 303(2), 3(5) of the B.N.S.

                                  3. As per prosecution case, the accusation against

                   the accused persons including the petitioners is of assaulting the

                   Informant’s son Farhan Azad. When the Informant came for his

                   rescue, the accused persons also assaulted him. It is alleged that

                   the both the petitioners assaulted the Informant’s son by means

                   of iron rod and Dabia.

                                  4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.2991 of 2026(3) dt.20-02-2026
                                            2/3




          the nature of injury caused does not corroborate the allegation

          leveled in the F.I.R. The Injury report, which has been called

          for, suggests the injuries being caused owing to abrasion and

          there are lacerated wounds. There is counter version of the

          entire incident which is said to have been lodged by the brother

          of the co-accused Mokhtar Ansari being Chhatauni P.S. Case

          No. 352 of 2025. Lastly, it is submitted that both the parties are

          next door neighbours and the petitioners bear no criminal

          antecedent.

                         5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioners.

                         6. Having heard learned counsel for the parties and

          considering the fact that the nature of injuries does not

          corroborate the allegation leveled in the F.I.R. and the

          petitioners having no criminal antecedent, this Court is inclined

          to grant privilege of anticipatory bail to the petitioners.

                         7. Accordingly, let the above named petitioners, be

          released on bail, in the event of their arrest or surrender before

          the learned Court below within a period of six weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, East
              Patna High Court CR. MISC. No.2991 of 2026(3) dt.20-02-2026
                                                          3/3




                        Champaran, Motihari in connection with Chhatauni P.S. Case

                        No. 348 of 2025, subject to the conditions as laid down under

                        Section 482(2) of the B.N.S.S.


                                                                            (Ajit Kumar, J)
rishi/-

U         T


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